USPTO Rule Requires US Attorney for Foreign Trademark Applicants

Written July 3, 2019

The US Patent and Trademark Office on July 2, 2019, issued final rules requiring foreign-domiciled trademark applicants, registrants, and parties to Trademark Trial and Appeal Board proceedings to be represented by an attorney who is licensed to practice law in the United States. 84 Fed. Reg. 31498.

The rule, which becomes effective July 3, 2019, applies to all trademark applicants, registrants, and parties whose permanent legal residence or principal place of business is outside the United States, including Canadian applicants, registrants, and parties. In addition to this change, US-licensed attorneys representing anyone before the USPTO in trademark matters are required to confirm they are an active member in good standing of their bar and to provide their bar membership information.